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(영문) 서울중앙지방법원 2013.03.20 2012노3335
업무상횡령
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. The judgment of the court of first instance, although the defendant committed the crime of this case during the period of repeated crime, considering the defendant's age, character and behavior, family attitude, motive and circumstance of the crime and circumstances before and after the crime, etc., the imprisonment with prison labor sentenced by the court of first instance is too unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and Articles 356 and 355(1)1 of the Criminal Act concerning criminal facts (the choice of fine). Articles 70 and 69(2)1 of the Criminal Act concerning the provisional payment order on January 1, 199 of the same Act

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